RES 1997-1849 - Bid of Elkhorn Fence Co for chain link fencing on baseball fields at Hillside Little League 1
I/ CO OR A ciS
•.- q oN1AHA,Ne�'� R F �� Parks, Recreation &
`,� Public Property Department
arr r��. �
►,rtl k 91 JI 20 PI IQ: Omaha/Douglas Civic Center
."07.°T 1819 Famam Street,Suite 701
Omaha,Nebraska 68183 0701
o'�Eo FEaR°rs C t T C �':- It (402)444-5900
° FAX(402)444-4921
City of Omaha July 1 1997
Hal Daub,Mayor
Honorable President
and Members of the City Council:
The attached Resolution approves the bid of Elkhorn Fence Co. for furnishing all labor, materials
and equipment necessary to install chain link fencing on two baseball fields at Hillside Little League,
82nd and Western Avenue.
The following bids were received on May 29, 1997:
CONTRACTOR BIDS
ELKHORN FENCE CO. $10,199.00 each (LOW BID)
American Fence Improper Bid
S & W Fence Improper Bid
Midwest Fence No Bid
Funds for the fencing have been appropriated in Fund 323,Agency 120, Organization 1295, and the
Finance Department is authorized to pay the cost of$20,398.00 from this account.
The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City
policy, the Human Relations Director will review the contractor to ensure compliance with the
Contract Compliance Ordinance.
The Parks, Recreation and Public Property Department recommends the acceptance of the bid from
Elkhorn Fence Co. in the total amount of$20,398.00,being the lowest and best bid received,within
the bid specifications, and request your consideration and approval of this Resolution.
R spec lly submitted, Referre to City Council for Consideration:
aA/K-4 ‘77„-,
/ 7/ 4/07
J es P. Cleary, Director Date Mayor's Office/Tit Date
Parks, Recreation and
Public Property Department
ved as to Funding: Approve .
6,,, ,IC:2;: c171
• ' 6//.
Louis A. D'Erco e Date George L. D is, Jr. Date
Finance Director Human Relations Director
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`= CITY OF OMAHA : P'3.
REQUEST FOR BID AND BID SHEET
•c t ON FENCING-HILLSIDE LITTLE LEAGUE
FROM: P. M. Burke Published May 16, 1997
City Purchasing Agent
1003 Omaha-Douglas Civic Center NOT AN ORDER - Page 1
1819 Farnam Street BID BOND OR CERTIFIED CHECK REQUIRED
Omaha, Nebraska 68183-0011 IN THE AMOUNT OF 5% OF BID
Bid Closing Date May 29, 1997
11:00 A.M.
IMPORTANT 4.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
1. Bid must be in the office of the CITY PURCHASING AGENT, 1003 5.When submitting bid on items listed,bidder may on a separate sheet,
OMAHA-DOUGLAS CIVIC CENTER, 1819 Farnam Street,Omaha,NE make suggestions covering reduction in costs wherever this is
68183-0011 by closing date and time indicated,in sealed envelope possible through redesign,change of material or utilization of standard
marked BID ON FENCING-HILLSIDE LITTLE LEAGUE items or quantity change.
2. Right is reserved to accept or reject any or all bids in their entirety.Right 6.If you desire a copy of tabulation check{rr
is also reserved to accept or reject any part of your bid unless otherwise Please do not call for this information.
indicated by you.
7.If you do not desire to bid,return sheets with reasons for declining.
3.If Federal Excise Tax applies,show amount of same and deduct. Failure to do so will indicate your desire to be removed from our
Exemption certificates will be furnished. Do not include tax in bid. mailing list.
Quote your lowest price,best delivery and terms,F.O.B. delivery point on the items(s) listed below:
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
2 each Furnish and d install chain link fencing on two baseball fields per
plans and specifications at Hillside Little League, 82nd &
Western Avenue. �BID/Field $ / /9/� $ (0c'9g
• Any questions, call Paul Martin at 444-5943.
,) INSURANCE
The successful contractor shall provide a certificate of insurance
indicating adequate workmen's compensation, public liability
in an amount not less than $300,000 for injuries including
accidental death to any person and subject to the same limit for •
each person in an amount not less than $500,000 where more
than one person is involved in any one accident; and property
damage insurance in an amount not less than $300,000, and
the City of Omaha as an additional insured.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human
Relations Department the Annual Contract Compliance Report(Form CC-1).This report shall be in effect for 12 months from the date received by the
Human Relations Department.Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita
Vlademar at(402)444-5067 or Tony Acosta at(402)444-5053;however,please refer any questions regarding the REQUEST FOR BID or
SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid.
(Please Print Legibly or Type)
Payment Terms % Firm C 1 kilo/h F,2i9c e 6, ' In orporated in
Deliver/(or completion) Name COTfl/��'e Cic Signaturepp // t/ Q
calendar days following award Title LI/ n � // Phone r-2D/-`/ ,9f7s Fax f-/'",'q����'
Address VO, /Y(O E/k1;Dkin'I NL �0�0 oZ
StreeU P.O.Box City State Zip>
CITY OF OMAHA
REQUEST FOR BIDS
. ON FENCING - HILLSIDE LITTLE LEAGUE
NOT AN ORDER Page 2
QUANTITY DESCRIPTION UNIT PRICE EXTENSION
PERFORMANCE BOND
The contractor shall provide a performance bond equal to his bid
within ten (10) calendar days from award of the contract.
NOTE: REQUIREMENT FOR BID BOND
The surety company issuing the bid bond and/or the performance
bond should be licensed by the State of Nebraska and listed on the
current edition of Circular 570 of the United States Department of
the Treasury.
SIGN ALL COPIES Firm C4krliyfP�.
By
Title Ca4t.-e---
PH-8C (91) CONTINUATION SHEET -t`
SPECIFICATION FOR
CHAIN LINK FENCING
GENERAL
1. The work consists of installing chain line:fencing
as shown on the drawings and as herein specified, including.the furnishing of all labor, equipment,
and materials and in performing all operations in connection with the construction of said project.
2. All local, Municipal and State laws and regulations governing any portion of this project are
incorporated into these specifications and their provisions shall be carried out by the contractor.
3. Contractor shall be responsible for obtaining all permits and paying all fees for construction.
City permits will be issued at no charge.
4. This project is State and City sales tax exempt.
5. The contractor shall continuously maintain adequate protection of all his work from damage and shall
protect the owner's property from injury or loss arising in connection with the work on this contract. The
contractor shall take care to avoid damage to any existing building, equipment, piping,pipe covering,
electrical systems, sewers, sidewalks, landscaping, grounds, aboveground or underground installations or
structures of any kind, and shall be held for any damage that does occur.
6. The contractor shall be responsible for all grading, clearing, grubbing and excavation as necessary for
construction.
7 .The Park planner shall provide all layout and location stakes,unless otherwise specified.
8. The contractor shall provide all necessary specialty items and accessories as required for completion of
• this project.
9. The contractor shall guarantee all materials and workmanship for a period of one year following the date
of final acceptance.
10. By submitting a bid proposal, it is understood and agreed by the contractor that he has,by careful
examination of the site, satisfied himself as to the nature and location of the work,the conformity of the
grounds, the character, quality, and quantity of materials to be used,the character of equipment and
facilities needed for completion of the project, the general and local conditions, and any other matters
which may in any way affect the work under this contract.
11. All work shall be conformity to the City of Omaha Public Works Standard Specifications, 1989 edition,
along with but not limited to the attached project specifications.
. a
MATERIALS & METHODS:
FABRIC: The fabric shall be composed of individual wire packets which are helically wound
and interwoven in the form of a continuous chain link fabric having a 2" square mesh. The fabric
• shall be 49 gauge wire, except as noted, of the following heights and top and bottom finish:
6' and 10' high fence,knuckled top and bottom.
The fabric shall be zinc coated by the hot dipping method process performed after weaving. The
zinc coating shall be smooth, of reasonably uniform thickness(not less in weight than 1.2 oz. Der
square foot of bare wire surface),free from dross,uncoated spots, and adhering particles of
foreign matter. Wire in the fabric shall stand a tensile strength test of 90,000 lbs. per sq. in. for 49
gauge, after galvanizing, except as noted on the plans.
LINE POSTS: All line posts shall be of tubular design made of high carbon steel and galvanized
by the hot dip method as previously specified. All posts on this project to be:
6' high line posts shall be 2 1/2" O.D. ,3.65 lbs. per lineal foot, or Allied Corporation
Type SS40. All line posts to be minimum 8' in length prior to installation in footing.
10' high posts and foul poles shall be 3" O.D., 5.79 lbs.per lineal foot.
All line posts to be installed on 10' centers;unless as noted on the plans.
END AND CORNER POSTS: All end and corner posts shall be of tubular design made of high
carbon steel and galvanized by the hot dip method.
6' high fence shall be 3"O.D.; 5.79 lbs..per lineal foot or Allied Corporation Type SS40
for all end and corner posts. All posts to be a minimum of 8'-6" in length for 6' fence,
• 12'-6" for all 10' fence and foul poles.:
RAILS: All top, middle and bottom rails shall be 1 5/8"O.D.pipe,2.27 lbs.per lineal foot or
Allied Corporation Type SS40,and shall be galvanized as previously specified.
EXPANSION SLEEVE: These are used in the connection of all rails and shall be made of
galvanized pressed steel and shall be a minimum of 8" in length. They shall provide for a rigid
connection,yet allow for expansion and contraction in the rail.
•
FABRIC TIES: Aluminum or galvanized.steel wire. For line posts, furnish one tie for every foot
of fabric height. For rail and braces, furnish approximately 24" apart.
FITTINGS: All posts shall be furnished with top caps and required fittings for attached fabric
and rail, with bracing when necessary. Fittings to be of malleable iron,pressed steel or aluminum.
All fittings other than aluminum shall be galvanized by the hot dip method.
•
BOTTOM TENSION WIRE: Install on all fence where there is no bottom rail: Wire to have
minimum tensile strength of 75,000 psi„ and to be zinc or aluminum coated fabric. Minimum
weight of coating to be 0.40 oz. of aluminum per sq. ft. of wire.
CONCRETE: Concrete for this project shall be SG60(A.E), as shown in details. Mix on site will not be
permitted on this project.
CONTRACT
THIS CONTRACT,made and entered into this f day of A.D., 19"7,
by and between the City of Omaha, a Municipal Corporation in Douglas C unty,Nebraska, party
of the first part and hereinafter called "OWNER", and Elkhorn Fence Co. with principal place of
business at: P.O. Box 186, Elkhorn,Nebraska 68022, hereinafter called "CONTRACTOR":
WHEREAS, said Contractor did,under date of May 29, 1997, submit a proposal to construct
as outlined in the proposal to furnish and install chain link fencing on two baseball fields at Hillside
Little League, 82nd and Western Avenue for the City of Omaha,for the sum of$20,398.00 -Twenty
Thousand Three Hundred Ninety-Eight and No/100 Dollars, to be constructed by the Contractor in
accordance with drawings and specifications for same prepared for Owner, which drawings and
specifications have been filed with the City of Omaha.
WHEREAS,the aforesaid proposal of Contractor was accepted by Resolution No. /17'9,
adopted / / /fly' , by the City Council of the City of Omaha:
NOW, THEREFORE, in consideration of the following mutual agreements and covenants,
it is understood and agreed by and between the parties hereto that:
a. The above referred to plans, specifications and addenda, are expressly made a part
hereof the same as though fully set forth herein.
b. The Resolution of Owner ordering or authorizing the construction of the aforesaid
installation of chain link fencing,the notice inviting contractors to bid as published,
the instruction to bidders,the proposal of Contractor,the bid bond of Contractor, the
performance,payment and maintenance bond of Contractor, the general conditions
and all proceedings by the governing body of the Owner relating to said installation
of chain link fencing, are a part of this Contract by reference thereto the same as
though each had been fully set out and attached hereto.
c. Said construction shall be on the property owned by the City of Omaha, commonly
known as, or referred to as Hillside Little League, 82nd and Western Avenue,
Omaha,Nebraska, in Douglas County,Nebraska.
d. The Contractor agrees to furnish all tools, labor,mechanics for labor, equipment and
materials to construct in a good substantial and workmanlike manner, Contractor's
part of said installation of chain link fencing in accordance with the aforesaid plans,
specifications and addenda, and agrees to do so for the sum of$20,398.00.
e. Owner agrees to pay Contractor said amount of$20,398.00 in accordance with the
provisions of the aforesaid specifications, addenda and proposal of the Contractor
accepted by Owner.
f. All provisions of aforesaid plans, specifications and addenda shall be strictly
• complied with and conformed to by Contractor,the same as if re-written herein, and
no substitution or change in said plans, specifications and addenda shall be made
except upon written consent or written direction(the form of either of which shall be
a written "Change Order") of Owner and Owner's Architect, Paul Martin, and any
such substitution or change shall in no manner be construed to release either party
from any specified or implied obligation of the aforesaid plans, specifications and
addenda except as specifically provided for in the Change Order.
g. This Contract is entered into subject to the following conditions:
g-1. Contractor does hereby state, warrant and covenant that it has not retained or
employed any company, or person, other than bona fide employees working for said
Contractor,to solicit or secure this Contract,and that it has not paid or agreed To pay
any company or person, other than bona fide employees working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the' aware or making of this
Contract. For breach of violation of this statement, warrant, and covenant, the City
of Omaha shall have the right annul this contract without liability.
g-2. Contractor shall comply with all Municipal Ordinances and State and Federal Laws
relating to, or applicable to, this work.
g-3. Contractor shall furnish Performance, Payment and Maintenance Bond in an amount
at least equal to one hundred percent of the Contract price, and shall maintain during
the life of the Contract, Fire, Workmen's Compensation, Public Liability and
Property Damage insurance, all as required in the aforesaid specifications and
addenda.
g-4. Owner, its employees and representatives, and its Architect shall have access to the
work wherever it is in preparation or progress, and the Contractor shall provide
proper facilities for such access and inspection by them.
g-5. The Contractor shall indemnify and save harmless the City of Omaha, its officers,
employees, and agents from all claims, suits or actions of every kind and character
made upon or brought against the said City of Omaha, its officers, employees and
agents, for or on account of any injuries or damages received or sustained by any
Party or parties by or from the acts of the said Contractor or its servants, agents and
subcontractors in doing the work therein contracted for, or by or in consequence of
any negligence in guarding the same or any improper material used in its
construction, or by or on account of any act or omission of said Contractor or its
servants, agents, and subcontractors; and also from all claims of damage or
infringement of any patent in fulfilling this Contract.
- 2 -
g-6. Contractor shall pay to the Unemployment Compensation Fund of the State of
Nebraska unemployment contributions and interest due under the laws of the State
of Nebraska on wages paid to individuals employed in the performance of this
Contract, and shall submit to the City of Omaha a written clearance from the
Commissioner of Labor of the State of Nebraska certifying that all payments due of
contributions or interest which may have arisen under this Contract have been paid
by the Contractor, or his subcontractor, to the State of Nebraska Unemployment
Compensation Fund. Payment of the final 3% of the total amount of this Contract
shall be withheld until this provision has been complied with. •
g-7. The Contractor shall not discriminate against any employee applicant for
employment because of race,religion, color, sex or national origin. The Contractor
shall take affirmative action to insure that applicants are employed and that
employees are treated during employment, without regard to their race, religion,
color, sex, or national origin. As used herein, the word "treated" shall mean and
include,without limitation,the following: recruited(whether advertising or by other
means) compensation; selected for training, including apprenticeship; promoted;
upgraded; demoted; downgraded; transferred; laid off; and terminated. The
Contractor agrees to and shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the contracting officers
setting forth the provisions of this nondiscrimination clause.
g-8. The Contractor shall not discriminate on the basis of disability as defined by the
Americans with Disabilities Act of 1990 and the Omaha Municipal Code(13-82)and
shall take all actions necessary to comply with the Americans with Disability Act of
1990 and the Omaha Municipal Code (Chapter 13) including, but not limited to
reasonable accommodation.
g-9. The Contractor shall in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, religion, color, sex, or national
origin.
g-10. The Contractor shall send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding
a notice advising the labor union or worker's representative of the Contractor's
commitments under the Equal Employment Opportunity Clause of the City of
Omaha and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
g-11. The Contractor shall furnish to the Contract Compliance Officer all Federal forms
containing the information and reports required by the Federal government for
Federal contracts under Federal rules and regulations, and including the information
required by Sections 10-192 to 10-194, inclusive, of the Omaha Municipal Code
= 3 -
1980, and shall permit reasonable access to his records. Records accessible to the
Contract Compliance Officer shall be those which are related to paragraphs g-7
through g-13 and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
g-12. The Contractor shall take such actions with respect to any subcontractor as the City
may direct as a means of enforcing the provisions of paragraphs g-7 through g-13
herein, including penalties and sanctions for noncompliance,provided,however,that
in the event the Contractor becomes involved in or is threatened with litigation as the
result of such directions by the City, the City will enter into such litigation as is
necessary to protect the interests of the City to effectuate the provisions of the
Ordinance and in the case of contracts receiving Federal assistance, the Contractor
or the City may request the United States to enter into such litigation to protect the
interest of the United States.
g-13. The Contractor shall file and shall cause his subcontractors,if any,to file compliance
reports with the Contractor in the same form and to the same extent as required by
the Federal government for Federal contracts under Federal rules and regulations.
Such compliance reports shall be filed with the Contract Compliance Officer.
Compliance reports filed at such times as directed shall contain information as to the
employment practices, policies, programs and statistics of the Contractor and his
subcontractors.
g-14 The Contractor shall include the provisions of paragraphs g-7 through g-13 of this
Section, Equal Employment Opportunity Clause, and Section 10-193 in every
subcontract or purchase order so that such provisions will be binding upon each
subcontractor or vendor.
g-15. Contractor shall pay all just claims due for the payment of all employees and
mechanics for labor that shall be performed, for the payment of all material and
equipment furnished, and for the payment of material and equipment rental which is
actually used for rented in the performance of the Contract.
g-16. Contractor agrees to commence work on the date specified in the notice from the
Administration Division of the Parks, Recreation and Public Property Department,
and to complete all the work within a period of thirty (30) days.
g-17. The Contractor shall guarantee his work for material and workmanship for a period
of one(1)year(s) after the date of completion of his Contract, and should any defect
be discovered in any of the work included in this Contract within the period of one
(1)year(s)from the completion of this Contract,the repair of such defect and the cost
of such repairs shall be borne by the Contractor under his Contract.
-4 -
g-18. Contractor shall maintain fair labor standards in accordance with any valid laws of
the State of Nebraska in the execution of this Contract.
h. Upon receipt of written notice by Owner and its Architect that the Construction is
ready for final inspection and acceptance, the Architect shall promptly make such
inspection and,when he find the construction acceptable under the Contract and the
Contract fully performed, he shall promptly issue a final certificate, over his own
signature, stating that the construction provided for in this Contract has been
completed and is accepted by him under the terms and conditions thereof, and that
the entire balance found to be due the Contractor, and noted in said final certificate,
is due and payable. Before issuance of final certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material bills, and other
indebtedness connected with the work have been paid. If, after the work as been
substantially completed, full completion thereof is materially delayed through no
fault of the Contractor, and the Architect so certifies, the Owner shall, upon
certificate of the Architect and without terminating the Contract,may payment of the
balance due for that portion of the work fully completed and accepted. Such
payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
The Contractor shall procure a policy, or policies,of insurance which shall guarantee
payment of compensation according to the Workmen's Compensation laws of
Nebraska for all workmen injured in the scope of employment, and further agrees to
keep said policy, or policies in full force and effect throughout the term of this
Contract. In addition, all other forms of insurance referred to in the specifications
shall be procured by the Contractor and kept in force and effect by it throughout the
term of this Contract, and certificate or certificates of insurance shall be filed by
Contractor with the City of Omaha.
j. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected
official or any officer or employee of the City shall have a financial interest, direct
or indirect, in any City Contract. Any violation of this section shall render the
Contract voidable by the Mayor or City Council.
k. Any subsequent agreement between the parties hereto or any matter whatsoever shall
be in writing and executed by an authorized officer.
•
1. The parties hereto acknowledge that, as of the date of the execution of this
agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any
amendment to contracts or purchases which taken alone increases the original bid
price as awarded (a) by ten percent, if the original bid price is one hundred fifty
thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars
($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any
- 5 - _.
additional work in excess of such limits. However, neither contract nor purchase
amendments will be split to avoid advance approval of the City Council. The
originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City
Council. The provisions of this Section will be quoted in all future City contracts.
Nothing in this Section is intended to alter the authority of the Mayor under Section
5.16 of the City charter to approve immediate purchases.
IN WITNESS WHEREOF, we the contracting parties, by our respective duly uthorized
agents,hereto affix ouuLsi natures d seals at Omaha,Nebraska,this A274 day of l ,
19 q7, and this 2t ) day of , 19 9 espectively.
CITY OF OMAHA, A Munic 1 Corporation in Douglas County,Nebraska, Party of the
First Part and also designated as Owner.
ATTEST: CI AI • (4M • Corporation
I Y C DA MAYOR DATE
�
ELKHORN FENCE COMPANY
(Seal of the City) BY
AUTHORIZED REPRESENTATIVE
DATE
•
APPROVED AS TO FORM:
'/'_. / 7 - .
ASS T CITY ATTORNEY DATE
P:\PRPP\5093.SAP •
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4 II
SECTION IV Bond# RCN0488151
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Elkhorn Fence Company
Omaha,Nebraska, hereinafter called the Principal, and Old Republic Surety Company
hereinafter called the.Surety, are held and firmly
bound unto the City of Omaha, a Municipal Corporation in Douglas County,Nebraska, hereinafter
called the Owner, in the penal sum of Twenty Thousand Three Hundred Ninety-Eight
and No/100****************** ($*** 20,398.00**), lawful money of the United States of
America,to be paid to the Owner for the payment whereof the Principal and Surety hold themselves,
their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these
present.
WHEREAS,the Principal has, by means of a written Contract dated the 12th day
of June , 19 97 , entered into a Contract with the Owner for the construction by the
Principal, as Elkhorn Fence Company Contractor, of
P.O. Box 186 located at Elkhorn, Nebraska
all in Omaha, Douglas County,Nebraska, for the City of Omaha, in accordance with the plans and
specifications prepared for Owner, which Contract is made a part hereof by reference thereto the
same as though fully set forth herein:
NOW, THEREFORE. the conditions of this obligation are such that:
FIRST: If the Principal shall faithfully perform the Contract on his part, shall satisfy all
claims and demands incurred for the same, shall fully indemnify and save harmless the Owner from
all cost and damage which said Owner may suffer by reason of failure so to do, and shall fully
reimburse and repay said Owner all outlay and expense which said Owner may incur in making good
any such default; and,
SECOND: The Principal shall indemnify and save harmless the City of Omaha, its officers,
employees, and agents from all claims, suits or actions of every kind and character or on account of
any injuries or damages received or sustained by any party or parties by or from the acts of the said
Contractor or its servants, agents and subcontractors, in performing under said Contract, or by or in
consequence of any negligence in guarding the same or any improper material used in its
construction, or by or on account of any act or omission of said Contractor or its servants, agents and
subcontractors; and, also from all claims of damage for infringement of any patent in fulfilling said
Contract; and
THIRD: The Principal and Surety on this bond hereby agree to pay all persons, firms or
corporations having Contracts directly with the Principal or with subcontractors all just claims due
them for the payment of all laborers and mechanics for labor which shall be performed, for the
payment of all materials and equipment furnished, and for the payment and equipment rental which
is actually used or rented in the performance of the Contractor on account of which this bond is
given, when the same are not satisfied out of the portion of the Contract price which the Owner may
retain until completion of the construction; and,
IV-1
FOURTH: The Principal shall guarantee all materials, workmanship, and the successful
operation of all equipment and apparatus installed by him for a period of one (1)year from the date
of final acceptance of the whole work, and shall guarantee to repair or replace, at his own expense,
any part of the structures or apparatus which may show defect during the time,provided that such
defect is, in the opinion of the Architect, due to imperfect material or workmanship, and not to
careless and improper use:
Then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Any Surety on this bond shall be deemed. and held, any Contract to the contrary
notwithstanding, to consent without notice:
1. To any extension of time to the Principal in which to perform the Contract.
2. To any change in the plans, specifications or Contract, when such change does not
involve an increase of more than twenty percent (20%) of the total Contract price,
and shall then be released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to•
less than five (5)years from time of acceptance of the work to sue on this bond for
defects in workmanship or material not discovered or known to the obligee at the
time such work was accepted.
SIGNED AND SEALED the 12th day of June A.D., 19 97 in the presence
of:
Elkhorn Fence Company
Contractor(Firm Name)
titiPa
t `° B
Witness Title
COUNTER SIGNED:
Old Republic Surety Company
Resident Agent Surety
APPROVED AS TO FORM:
ylWAI%/7//
C4A/4/(--- B Joseph W. Elliott
Y
f}City Attorney Attorney-In-Fact
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i1. OLD W UC
, I, * * SuretyCompany POWER OF ATTORNEY
_,i -i.1H ***
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation.
does make, constitute and appoint:
JOSEPH W. ELLIOTT, JACQUELYN L. UAUSIACK, C. JAMES IRVINE, OF OMAHA, NE
its true and lawful Attorney(s)-tn-Fact,with full power and authority for and on behalf of the company as surety,to execute and deliver and affix the seat of the
company thereto(if a seal is required),bonds,undertakings.recognizances or other written obligations in the nature thereof.(other than bad bonds,frank depository
bonds. mortgage deficiency bonds,mortgage guaranty bends,guarantees of rnstalhvent paper and note guaranty bonds,self-insurance workers compensation
bonds guarartteemg.payment of benc'its.asbestos abatement contract bonds,waste management bonds,hazardous waste remediation bonds cr black lung bonds).
as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
FIVE HUNDRED THOUSAND DOLLARS ($500.,0003 FOR ANY SINGLE OBLIGATION,
REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby. and all of the acts of said Attorneys-In-Fact, pursuant to these presents, are
ratified and confirmed.This document is not valid unless printed on colored background and is multi-colored. This appointment is made
under and by authority of the board of directors at a special meeting-held on February 18,1982.This Power of Attorney is signed and sealed
by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982.
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant
secretary. may appoint attorneys-in-fact or agents with authority as defined or limited In the instrument evidencing the appointment
in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings.
recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke
any Power of Attorney previously granted to such person,
RESOLVED FURTHER that any bond, undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant
secretary;or
(ii) when signed by the president,any vice president or assistant vice president.secretary or assistant secretary,and countersigned and sealed(if a seal
be required)by a duty authorized attorney-in-fact or agent;or
(id) when duly executed and sealed (if a seal be required)by one or more attorneys-in-tact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company.and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,OLD R PUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its
21oT SEFTEMBER 94
corporate seal to be affixed this day of _ , 19_ _
...wee.- OLD REPUBLIC SURETY COMPANY
fi.0 ky
:f.7.4.: if 1 5:4-
A-15C5ito,.&Wet Ry%Notoo," Pre th:RI
STATE OF WISCONSIN,COUNTY OF WAUKESHA—SS
On this `1ST day of SEPTEMBER , 19 � . personally came before me, JAMES E LEE
and DAVIQ G MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the
above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say:
that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation.
and that said corporate seal and their signatures as such officers were duty affixed and subscribed to the said instrument by the authority
of the board of directors of said corporation.
---LA ftmoc r
Notary Pubr�c
h ._..� 02/23/97
�Co,..,. ` My commission expires: -
CERTIFICATE
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the
foregoing and attached Power of Attorney retrtains in full force and has not been revoked:and furthermore,that the Resolutions of the board
of directors set forth in the Power of Attorney,are now in force.
40-2426 ,,.:#10'%.r.y
`, gee Signed and sealed at the City of Brookfield,Wl this i 2 t h day of June __ _ 19__9
is SEAL
Itt N.
Ti
`' Assr:4,..a4t -r 1a - -
INSPRO, INC.""
THIS DOCUMENT IS,NOT VAL ®"UNLESS PBINTED'ON COLORED BACKGROUND AND IS MULTI-COLORED
QRSC 22262(1 i 93)
i. 1
. . y".RAN
;. ..,:,...•'DATE(MM/DD/YY)..
El NS
PRODUCER • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
INSPRO, Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1010 S 120th St HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 220 COMPANIES AFFORDING COVERAGE
Omaha, NE 68154 COMPANY
AEmployers Mutual Insurance
INSURED - COMPANY
Eich' s Fence Serv. & B
Elkhorn Fence Co .
COMPANY
PO Box 186 c
Elkhorn, NE 68022
COMPANY
D
I
CpVERA .:.:..
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1
CO TYPE OF INSURANCE POLICY EFFECTIVE IPOLICY EXPIRATION
POLICY NUMBER LIMITS
LTR DATE(M M/00/YY) DATE(MM/OD/YY) I 1
A I GENERAL LIABILITY T� 8X5416498 04/20/97 04/20/98 GENERAL AGGREGATE Isl, 000 , 000
X 'COMMERCIAL GENERAL LIABILI PRODUCTS-COMP/OPAGGIS1 , 000 , 000
i i CLAIMS MADE X OCCUR PERSONAL BADV INJURY I55 00 , 000
X OWNER'S B CONTRACTOR'S PROT EACH OCCURRENCE Is5 00, 000
FIRE DAMAGE(Any one fire)IS5 0, 000 '
I MED EXP(Any one person) I55 , 000
A ( AUTOMOBILE LIABILITY 8X5416498 04/20/97 04/20/98 COMBINED SINGLE LIMIT srj- QQ 000
uANY AUTO .
u ALL OWNED AUTOS BODILY INJURY S
J SCHEDULED AUTOS (Per person)
X I HIRED AUTOS BODILY INJURY S
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
I
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT Is
ANY AUTO
OTHER THAN AUTO ONLY: kiiii:.::: ?`'i°3:Mini:n,i:
EACH ACCIDENT S
I AGGREGATE IS
A EXCESS LIABILITY 8X5416498 04/20/97 04/20/98 EACH OCCURRENCE Is1, 000 , 000
UMBRELLA FORM AGGREGATE s1, 000 , 000
I OTHER THAN UMBRELLA FORM S 1
A WORKERS COMPENSATION AND 8X5416498 1 04/20/97 0.4/20-/9.8 ISTATUTORYLIMITS I>'I IM:I::: :>?:i::i:I:ri:R;
EMPLOYERS'LIABILITY EACH ACCIDENT 155 0 0, 000
THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT IS5 00, 000
PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE SUUO , 000 I
OTHER
APPFWVfiD AS TO OR : j
( 74 -
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS r
Any & All Jobs ASSISTANT CITY ATTORNEY
City of Omaha is additional insuredd with rega 's to General Liability
' :. .::: :.:.::.:.>:.:;:.:. ;.;>:; .;_'.;:.;;:.;;:.;;;::::z:>i::i::ii::::i::i>:z;::i::::::ii; .;:.;::<>::: ;::i>s::i:::CANCEL LATION:>:::::><:<:>::>::>::::< ::::>:::; ::>::>:<:»<>::<:>:>::;;::i::i;:i>i::i:»>:iz:;:<::;::.: >':iiss';:-
CERTIFICATE.HOLDE33 :«i::': ; i: >;s>: < i::i»>ii::i:<; .>;:.;:.;:.:::. :.;;::::.� :.:........ .. ... ..... ... .. ...........�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Omaha EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Purchasing DivisionCivic Center 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
1819 Farnam St . , Suite 1003 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Omaha, Ne . 68183-1003 OF ANY KIND N THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED EP SENTATIVE
..:.:.:.:::: ......:::::::::::::.;r•::;:;;-:.>.::.: ':Y;ii'iii:Fk; :::........ ;i
ACORD-2H-S.(3/33)liii;of.:::....;:':. T �Q
c 25A „tr., CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr July 1, 19 9
7
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,bids were received on May 29, 1997,to furnish materials,labor,and all
else necessary to install chain link fencing on two baseball fields at Hillside Little League,82nd and
Western Avenue; and,
WHEREAS,Elkhorn Fence Co. submitted a bid of$10,199.00 each,for the chain link
fencing installation of two baseball fields, being the lowest and best bid received within bid
specifications; and,
WHEREAS,Elkhorn Fence Co.has complied with the City's Contract Compliance
Ordinance No. 28885 in relation to Civil Rights-Human.Relations;and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the bid of$10,199.00 each, for furnishing
materials, labor and all else necessary to install chain link fencing on two baseball fields at Hillside
Little League, 82nd and Western Avenue, being the lowest and best bid received within bid
specifications,be accepted and the attached contract approved. Funds in the amount of$20,398.00
have been appropriated in Fund 323,Agency 120,Organization 1295. The Finance Department is
authorized to pay the cost of the project from this account.
APPROVED AS TO FORM:
ASSISTA CITY ATTORNEY DATE
P:\PRPP\4132.MAF
By
ouncilmember
AIL L e
1 1997
ty lerk •, 10/A.
Approved • •• • ..
Mayor1'4
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